Georgia Power Company, et al; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425]

Georgia Power Company, et al; Notice of Consideration of Issuance

of Amendment to Facility Operating License, Proposed No Significant

Hazards Consideration Determination, and Opportunity for a Hearing

The U.S. Nuclear Regulatory Commission (the Commission) is

considering issuance of an amendment to Facility Operating License Nos.

NPF-68 and NPF-81 issued to Georgia Power Company, Ogelthorpe Power

Corporation Municipal Electric Authority of Georgia, City of Dalton,

Georgia (the licensee) for operation of the Vogtle Electric Generating

Plant, Units 1 and 2, located in Burke County, Georgia.

The proposed amendment would revise the values of Z and S for the

Pressurized Pressure-Low and -High reactor trip setpoints (Technical

Specification Table 2.2-1, Functional Units 9 and 10, respectively) to

allow the use of alternate types of pressure transmitters.

Before issuance of the proposed license amendment, the Commission

will have made findings required by the Atomic Energy Act of 1954, as

amended (the Act) and the Commission's regulations.

The Commission has made a proposed determination that the amendment

request involves no significant hazards consideration. Under the

Commission's regulations in 10 CFR 50.92, this means that operation of

the facility in accordance with the proposed amendment would not (1)

involve a significant increase in the probability or consequences of an

accident previously evaluated; or (2) create the possibility of a new

or different kind of accident from any accident previously evaluated;

or (3) involve a significant reduction in a margin of safety. As

required by 10 CFR 50.91(a), the licensee has provided its analysis of

the issue of no significant hazards consideration, which is presented

below:

1. Does the change involve a significant increase in the

probability or consequences of an accident previously evaluated?

The proposed change revises the allowances Z and S in Technical

Specification Table 2.2-1 for the Pressurizer Pressure-Low and -High

trip setpoints (Table 2.2-1, Functional Units 9 and 10) to allow the

use of Tobar, Veritrak, or Rosemount pressure transmitters. Also, the

corresponding values of Z and S for the Pressurizer Pressure-Low

setpoint for safety injection actuation (Table 3.3-3, Functional Unit

1d) are bounding for these pressure transmitters. The allowances for Z

and S are not assumed in any of the initiating events for the accident

analyses. Therefore, the probability of any accident previously

evaluated will not be affected by the proposed changes. Furthermore,

the setpoints, allowable values, and total allowances are not affected.

Since the total allowances are not affected, it is ensured that the

safety analysis limits for the trips are not affected. Therefore, the

proposed change does not involve a significant increase in the

consequences of any accident previously evaluated.

2. Does the change create the possibility of a new or different

kind of accident from any accident previously evaluated?

The safety function provided by the reactor trips and safety

injection actuation and the manner in which the plant is operated are

not affected. The setpoints, allowable values, and total allowances are

not affected. Since the total allowances are not affected, it is

ensured that the safety analysis limits for the trips are not affected.

Thus, this change does not create the possibility of a new or different

kind of accident from any accident previously evaluated.

3. Does this change involve a significant reduction in a margin of

safety?

For both the reactor trips and safety injection actuation, there

are no changes to the setpoints. The total allowance for each setpoint

is the difference between the safety analysis limit and the setpoint.

Since the total allowances are not affected, there are no changes to

the safety analysis limits. Therefore the proposed change will not

involve a reduction in margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on

this review, it appears that the three standards of 10 CFR 50.92(c) are

satisfied. Therefore, the NRC staff proposes to determine that the

amendment request involves no significant hazards consideration.

The Commission is seeking public comments on this proposed

determination. Any comments received within 30 days after the date of

publication of this notice will be considered in making any final

determination.

Normally, the Commission will not issue the amendment until the

expiration of the 30-day notice period. However, should circumstances

change during the notice period such that failure to act in a timely

way would result, for example, in derating or shutdown of the facility,

the Commission may issue the license amendment before the expiration of

the 30-day notice period, provided that its final determination is that

the amendment involves no significant hazards consideration. The final

determination will consider all public and State comments received.

Should the Commission take this action, it will publish in the Federal

Register a notice of issuance and provide for opportunity for a hearing

after issuance. The Commission expects that the need to take this

action will occur very infrequently.

Written comments may be submitted by mail to the Rules Review and

Directives Branch, Division of Freedom of Information and Publications

Services, Office of Administration, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, and should cite the publication date and page

number of this Federal Register notice. Written comments may also be

delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike,

Rockville Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.

Copies of written comments received may be examined at the NRC Public

Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC

20555.

The filing of requests for hearing and petitions for leave to

intervene is discussed below.

By September 21, 1994, the licensee may file a request for a

hearing with respect to issuance of the amendment to the subject

facility operating license and any person whose interest may be

affected by this proceeding and who wishes to participate as a party in

the proceeding must file a written request for a hearing and a petition

for leave to intervene. Requests for a hearing and a petition for leave

to intervene shall be filed in accordance with the Commission's ``Rules

of Practice for Domestic Licensing Proceedings'' in 10 CFR Part 2.

Interested persons should consult a current copy of 10 CFR 2.714 which

is available at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC 20555 and at the local

public document room located at the Burke County Library, 412 Fourth

Street, Waynesboro, Georgia 30830. If a request for a hearing or

petition for leave to intervene is filed by the above date, the

Commission or an Atomic Safety and Licensing Board, designated by the

Commission or by the Chairman of the Atomic Safety and Licensing Board

Panel, will rule on the request and/or petition; and the Secretary or

the designated Atomic Safety and Licensing Board will issue a notice of

hearing or an appropriate order. As required by 10 CFR 2.714, a

petition for leave to intervene shall set forth with particularity the

interest of the petitioner in the proceeding, and how that interest may

be affected by the results of the proceeding. The petition should

specifically explain the reasons why intervention should be permitted

with particular reference to the following factors: (1) The nature of

the petitioner's right under the Act to be made party to the

proceeding; (2) the nature and extent of the petitioner's property,

financial, or other interest in the proceeding; and (3) the possible

effect of any order which may be entered in the proceeding on the

petitioner's interest. The petition should also identify the specific

aspect(s) of the subject matter of the proceeding as to which

petitioner wishes to intervene. Any person who has filed a petition for

leave to intervene or who has been admitted as a party may amend the

petition without requesting leave of the Board up to 15 days prior to

the first prehearing conference scheduled in the proceeding, but such

an amended petition must satisfy the specificity requirements described

above. Not later than 15 days prior to the first prehearing conference

scheduled in the proceeding, a petitioner shall file a supplement to

the petition to intervene which must include a list of the contentions

which are sought to be litigated in the matter. Each contention must

consist of a specific statement of the issue of law or fact to be

raised or controverted. In addition, the petitioner shall provide a

brief explanation of the bases of the contention and a concise

statement of the alleged facts or expert opinion which support the

contention and on which the petitioner intends to rely in proving the

contention at the hearing. The petitioner must also provide references

to those specific sources and documents of which the petitioner is

aware and on which the petitioner intends to rely to establish those

facts or expert opinion. Petitioner must provide sufficient information

to show that a genuine dispute exists with the applicant on a material

issue of law or fact. Contentions shall be limited to matters within

the scope of the amendment under consideration. The contention must be

one which, if proven,, would entitle the petitioner to relief. A

petitioner who fails to file such a supplement which satisfies these

requirements with respect to at least one contention will not be

permitted to participate as a party.

Those permitted to intervene become parties to the proceeding,

subject to any limitations in the order granting leave to intervene,

and have the opportunity to participate fully in the conduct of the

hearing, including the opportunity to present evidence and cross-

examine witnesses.

If a hearing is requested, the Commission will make a final

determination on the issue of no significant hazards consideration. The

final determination will serve to decide when the hearing is held.

If the final determination is that the amendment request involves

no significant hazards consideration, the Commission may issue the

amendment and make it immediately effective, notwithstanding the

request for a hearing. Any hearing held would take place after issuance

of the amendment.

If the final determination is that the amendment request involves a

significant hazards consideration, any hearing held would take place

before the issuance of any amendment.

A request for a hearing or a petition for leave to intervene must

be filed with the Secretary of the Commission, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, Attention: Docketing and Services

Branch, or may be delivered to the Commission's Public Document Room,

the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the

above date. Where petitions are filed during the last 10 days of the

notice period, it is requested that the petitioner promptly so inform

the Commission by a toll-free telephone call to Western Union at 1-

(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union

operator should be given Datagram Identification Number N1023 and the

following message addressed to Herbert N. Berkow: petitioner's name and

telephone number, date petition was mailed, plant name, and publication

date and page number of this Federal Register notice. A copy of the

petition should also be sent to the Office of the General Counsel, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, and to Mr. Arther

H. Domby, Troutman Sanders, NationsBank Plaza, 600 Peachtree Street,

NE., Atlanta, Georgia 30308, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended

petitions, supplemental petitions and/or requests for hearing will not

be entertained absent a determination by the Commission, the presiding

officer or the presiding Atomic Safety and Licensing Board that the

petition and/or request should be granted based upon a balancing of the

factors specified in 10 CFR 2.714(a)(1)(i)--(v) and 2.714(d).

For further details with respect to this action, see the

application for amendments dated June 24, 1994, which is available for

public inspection at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC 20555, and at the local

public document room located at the Burke County Public Library, 412

Fourth Street, Waynesboro, Georgia 30830.

Dated at Rockville, Maryland, this 16th day of August, 1994.

For the Nuclear Regulatory Commission.

Louis Wheeler,

Project Manager, Project Directorate II-3, Division of Reactor

Projects--I/II, Office of Nuclear Reactor Regulation.

[FR Doc. 94-20516 Filed 8-19-94; 8:45 am]

BILLING CODE 7590-01-M